The CRL Rights Commission is established in accordance with section 181 (1) (c) of the Constitution. Section 181 (2) stipulate that the institution is independent, and subject only to the Constitution and the Law. Section 181 (3) stipulate that other organs of state (for example CoGTA) must assist and protect these institutions. Section 181 (4) stipulate that no person or organ of state may interfere with the functioning of the institution. Lastly section 181 (5) stipulate that the institution is accountable to National Assembly, and must report to the National Assembly at least once a year.

According to section 36 of the Public Finance Management Act (PFMA) every constitutional institution must have and accounting officer. Section 40 stipulates the reporting responsibilities of constitutional institutions through the accounting officer. According to section 40 (c) the financial statements must be submitted to the Auditor General and the National Treasury. According to section 40 (d) only departments and trading entities are required to submit annual reports to the executive authority of the relevant department. Section 40 (e) stipulate that a constitutional institution must submit the statements referred to in section (d) to Parliament.

According to the definitions in the Treasury Regulations the Executive Authority of a constitutional institution is the Chairperson of the constitutional institution. According to Treasury Regulation 5.3.1 the accounting officer (Chief executive Officer) must establish procedures for quarterly reporting to the executive authority (Chairperson). Treasury regulation 8.4 is not applicable to the CRL Rights Commission, as section 38 (1) (j) exclude transfers to constitutional institutions.

According to section 3 (a) of the Act for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Commission Act) The CRL Rights Commission is independent. Section 8 (a) of the CRL Commission Act, stipulate that the CRL Rights Commission reports annually to the National Assembly on its activities and the performance of its functions.

Non compliance with the CRL Act. The commission is required to have 4 plenary

meetings per year. However it will not be possible for the new financial year.

Commissioners need to fulfill executive functions and attend relevant meetings.

The Commission is required to host a national conference within the first 12 months of each term, as well as a second conference towards the end of the term.

NCC Legislative mandate Resolutions of NCC Funding of Community Councils Impact on national policy –monitoring of

implementation Engagements with the Minister to resolve the

matter.

Vision

To promote and protect the rights of cultural, religious and linguistic communities

A united south African nation that protects and promotes the CRL Rights of all its diverse communities.

Investigation and Conflict Resolution Objective: To promote peace, friendship, tolerance and mutual respect.

Research and Policy Development Objective: To develop an information base of traditional and diminished heritage

for furtherance of promotion and protection of CRL Rights of all communities.

Public Education & Advocacy Objective: To promote public understanding of CRL Rights of all communities.

Community Engagement Objective: To promote Community Participation through Cultural, Religious and

Linguistic Community Structures.

Administration & Management Objective: To provide strategic direction and support functions to the

Commission.

ACTIVITIES TARGET LOCATION TIME FRAME INDICATOR Estimated No. of cases to be received in 2009/10 based on the trend

EST. BUDGET

*Investigation Concerned parties/communities (Complainant & Respondent)

Internally/Externally

Within 30 days Investigation Report (Indicating key aspects of the report)

Thirty (35) cases including ad-hoc cases, 20 of which may require site visits

R 8 000 x 20 = R160 000

*Mediation Concerned parties/communities (Complainant & Respondent)

Internally/Externally

Within 90 days Reconciliation &Acknowledgement clause

10 - 15 cases R 8 000 x 15 = R120 000

*Legal Services CRL Rights related issues

Internally Within 60 days Legal advice and opinion

As and when Internal resources

Development of strategy for joint investigation

Relevant organ of state

Internally Within the financial year

Co-operation and collaboration with relevant institutions as per section 6 of the Act

Once off consultative workshop/seminar

R 120 000

Training CRL Communities – based on community councils

External Within the financial year

Impart conflict resolution skills to community councils through training

09 R 20 000 x 09 = 180 000

Total R580 000

PROJECT MANAGER : MR MATHEW GOPANE

MEASURABLEOBJECTIVE

ACTIVITY OUTPUT PERFORMANCE INDICATOR TARGET COMMUNITY PROVINCE TIME FRAME BUDGET

1. To protect and promote the institution of male initiation schools in South Africa.2. To develop a community-based/model guidelines for spiritual/cultural and religious access and practice in Sacred sites.

a) Printing of the report on ‘Public hearings on male initiation schools in South Africa’

b) Official launch of the report Commissioning of research projects (case studies) /documentaries/ on Sacred sites – partnership with South African Local Government Association (SALGA) and Wits University.

Report withlegislative and policy recommendations to address problems of male initiation in South AfricaReport withlegislative and policy recommendations to address problems of access and practice in Sacred sites

Official hand-over of the report to the affected stakeholders, and supporting the implementation of the recommendations.Official release/launch of the model/ guidelines of access and practice in Sacred sites to relevant stakeholders

Institutions of Traditional leadership, Initiation practitioners, Dept. of Health. Youth Agencies, Dept. Traditional Affairs, Dept of Education, SAPS, Dept of Social Development SAHRA, NHC, SALGA, institution of Traditional Leaders etc.

National National August 2010

March 2011

R200,000R500 000

SUB TOTAL R700,000.00

PROJECT MANAGER : MR BRIAN MAKEKETA

1.To promote and protect the Rights OF Cultural and Religious Communities in South Africa2. Image restoration of the Rastafarian religion3.Imagerestoration of the Nama and the Khoi-San religion

a) Printing of the report on ‘Guidelines Report on the African Ritual of Animal Slaughter’

b) Official launch of the reportSeminar/ Dialogues

Seminar/ Dialogues

Report withlegislative and policy recommendations to address problems pertaining to African Ritual of Animal Slaughter’

Report with recommendations to influence the national policyReport with recommendations to influence the national policy

Official hand-over of the report to the affected stakeholders, and supporting the implementation of the recommendations.Official release/launch of the report Official release/launch of the report

Institutions of Traditional leadership, Dept. Traditional Affairs Traditional Healers Associations , South African Local Government Association (SALGA)Rastafarian communityAcademics Dept. of Police Services, Justice, labour, other religious faiths, etc. Nama and Khoi-San communities , academics and other affected stakeholders

National

National Northern, Eastern and Western Cape

August 2010

September 2009March 2010

R200 000R50 000R50 000

SUB TOTAL R400 000.

PROJECT MANAGER : MS TIRHANI MABASA

1. To promote and protect the Linguistic Rights of Communities in South Africa1. Promotion of language equality in the media1. Preservation of socio-linguistic heritage

a) Printing of the report on ‘Rights to language and rights of a language: The status of linguistic rights among Basotho speaking communities in Nqutu-Kwazulu-Natal’

b) Official launch of the reportDialogueDesktop research and documentation1x Authentication

Report with legislative and policy recommendation to address problems of language rights.Report with recommendations to influence editorial policiesMultilingual resource booklet

Official hand-over of the printed report to the relevant stakeholders.Consultative meetings with relevant stakeholders Dissemination and promotion of multilingual resource booklet

Dept of Basic Education – National and KZN Province, KZN Premiers’ office Department of Sports, Arts and Culture SABC, ICASA, eTV, National Community Radio Forum and MDDAResearchers; Arts and Culture-Heritage Section; National language Bodies; Historians

National KZNNationalNational

November 2010(Budget dependant) August 2010September 2010

R200,000R50,000R200,000R100,000

SUB TOTAL R550 000

GRAND TOTAL R1 650 000

MEASURABLEOBJECTIVE

ACTIVITY OUTPUT PERFORMANCE INDICATOR

TARGET COMMUNITY

PROVINCE TIME FRAME BUDGET

To promote and protect cultural, religious and linguistic rights in SA communities

Conduct Dialogues/ Workshops/ Seminars/ Training Sessions and Campaigns, to promote respect for and further the protection of the rights of cultural religious and linguistic communities

Increased recognition of the values and impact of the cultural, religious and linguistic diversity

9 road-shows 9 workshops 2 national seminars

c-r-l communities Women, youth and Civil Service and the Disabled

All nine Provinces

Throughout the year

R 900 000R 720 000R 600 000

Diminished and Diminishing heritage of C-R-L communities

Recovery of diminishing and diminished heritage

c-r-l communities especially and including youth, Civil Service

Nine Provinces Throughout the Year

Gender in Culture, Religion and Language

Communities supported in respect of gender awareness on c-r-l matters

Enhance Gender awareness in crl matters

Men, Woman, Youth and the Disabled

Nine Provinces Throughout the Year

TOTAL BUDGET R 2 220 000

Measurable Objectives

Activity Output/come Performance Indicator

Target Communities

Province Time frame Budget

Establishment of CRL Community structures, and community Councils

Engage listed organizations in each province i.e. for recognition-Enlist new CRL organizations-organize provincial councils of elders

Adequate profile for recognition as community councils and councils of elders

10 community councils in all three provinces40 community councils in all three provinces 50 community councils in all three provinces3 councils of elders

Provincial cultural, religious and linguistic communitiesprovincially

Gauteng Western Cape Free State North West Northern Cape Eastern Cape Limpopo Mpumalanga Kwazulu Natal Free State Western Cape Kwazulu Natal

April/JuneJuly/SeptemberOctober/DecemberJanuary/March

R50,000 x 3 = R150,000R50,000 x 3 =R150, 000R50,000 x 3 =R150, 000R50,000 x 3= R150, 000

Capacity building

Facilitate CRL community council’s training.

Capacitated members of CRL community councils

1 after every six months

Community councils (2 provinces with more recognized CRL organizations)

2 provinces with more recognized CRL organizations

September 2010March 2011

Hosting of the National Consultative Conference and Mini Conferences

Conduct information sharing mini conferences on NCC 2011.National Consultative Conference

Informed CRL organizations

9 mini conferences4 mini Conferences4 Mini conferences1 Mini Conference1 NCC

CRL Community councils and organizations

(Western Cape, Gauteng, Free State, Limpopo)

(Kwazulu Natal, Mpumalanga, Eastern Cape, Northern Cape)

North WestNational

July/SeptemberOctober/DecemberJanuary 2011February 2011

R100,000 x 4 = R400,000R 100,000 x 4 = R400,000R 100,000R 8,000,000

Grand Total R9,500,000

Investigation and Conflict Resolution (a -55 New and old cases finalized, 4 referral to relevant institutions (b -Initiated a joint investigation with the South African Human Rights

Commission and the Amafa aKwa-Zulu Natal (c -3 Fact-finding mission: Western Cape –Drankenstein Correctional

Services, Khilovedu language, and Naledi Mountain Sacred Site (d -3 Mediation sessions: between Muslim Religion and the Hope Ministry

on blasphemous literature, South African Hindu Dharma and Universal Church of Kingdom of God and UNISA examination dates vs. Jewish and Muslim Religious Observance days.

(e - 1 internal Workshop - Heritage Month. (f – Conclusion of guidelines for recognition of CRL Community councils (g -Presentation on Sesotho sa Leboa to the Constitutional Review

Committee at Parliament (h - a Seminar on “tension between culture and human rights” , with

specific reference to Ukweshwama (i - Consultative meeting with the United Reformed Church site which was

used as a football ground. (j - ICR complaints forms translated into other official languages with

assistance of the Department of Arts and Culture, (k - Meeting with the Department of Correctional Services' Spiritual and

Development Care Directorate - to discuss rights of inmates and access to various religious guidelines.

Research and Policy Development (a - Guidelines were published for spiritual/religious access

and practice in sacred sites. (b - Finalised the report on “Public hearings on male

initiation schools in South Africa” . (c - A draft report on “guidelines on the African ritual of

animal slaughtering” was finalised. (d - Final report on “ rights to language and rights of a

language: The status of linguistics rights among Basotho speaking communities in Nqutu (KZN)

(e - Participated in the review of the Children’s Act. (f - An activity report on issues raised by concerned

stakeholders around Ukuthwala and 3 activity reports with resolutions on public hearings of Sepedi vis-à-vis Sesotho sa Leboa.

(g - Partnership was reached in respect of the launch of the report on sacred sites with SALGA and Wits.

(h - A database of Linguistic profile of official and non-official languages of South Africa was established.

Public Education and Advocacy (a - 5 dialogues with older persons/ senior citizens in the

Northern Cape Province, the Free State, Mpumalanga, Western Cape and North West, 1 x dialogue with women from diverse religious and cultural backgrounds in Pretoria, 1 dialogue with C, R and L Communities, Provincial House of Traditional Leaders, Contralesa, Government Departments, NGO’s and Chapter nine institutions at East London, 1 dialogue with the Diabetes group in Western Cape.

(b - 5000 CRL Rights Commission pamphlets distributed to 4 provinces.

(c 3 meetings with groups of women in Ivory Park, Tembisa and Ebony Park to brainstorm and dialogue on how the Commission can better promote and protect the cultural, religious and linguistic rights of their communities.

Freedom Park, celebration of woman’s month.

Community Engagement (a -60 CRL community councils were short listed

and provisionally recognized in Gauteng Province, 40 in Free State, 6 in North West Province, 8 in Northern Cape, 5 in Eastern Cape, 33 in Western Cape. The process of recognition is continuing.

(b -Created data base of elders from 3 provinces. (c - 3 Community councils workshops and

information sharing sessions were hosted in Gauteng, Western Cape and Free State.

(d - CRL community councils were launched in 3 provinces, Gauteng, Free State and Western Cape

Administration The support functions of the commission

achieved an unqualified audit report for the 2008/09 financial year.

Partnerships with other organisations The Commission also managed to form

successful partnerships with the following institution.

Rhodes Mandela Scholars and the University of Rhodes

Item Allocation 2010/2011 Allocation 2011/2012 Allocation 2012/2013

Revenue      Transfers from government entities 21,617,000.00 22,914,000.00 24,060,000.00

Total Revenue 21,617,000.00 22,914,000.00 24,060,000.00

       

Expenses      

Administrative 6,203,000.00 1,504,000.00 1,615,000.00

Audit fees 1,682,000.00 1,846,000.00 2,020,000.00

Staff Costs 44,699,000.00 46,634,000.00 48,727,000.00

Other operating expenses 7,230,000.00 6,255,000.00 6,577,000.00

Depreciation 550,000.00 600,000.00 650,000.00

Total Expences 60,364,000.00 56,839,000.00 59,589,000.00

-38,747,000.00 -33,925,000.00 -35,529,000.00

Revenue Item Actual Expenditure as at

31 March 2010 Allocation 2010/2011 Allocation 2011/2012 Allocation 2012/2013

Transfers from government entities 20,250,000.00 21,401,000.00 22,685,000.00 23,819,000.00 Total Revenue 20,250 000.00 21,401,000.00 22,685,000.00 23,819,000.00

Expenses Item Actual Expenditure as at

31 March 2010 Allocation 2010/2011 Allocation 2011/2012 Allocation 2012/2013

Administrative Expenses 1,155,458.25 660,000.00 715,000.00 749,000.00

Total Audit Fees 1,028,046.87 900,000.00 950,000.00 1,000,000.00

Total Staff Cost 12,411,866.85 16,091,000.00 16,913,000.00 17,712,000.00

Total Other Operating Expenditure 5,376,337.96 3,750,000.00 4,107,000.00 4,358,000.00

Total Capital Equipment 16,046.95 - - -

Total Depreciation 366,348.99 - - -

Total Expenditure 20,354,105.87 21,401,000.00 22,685,000.00 23,819,000.00

Department Total posts

Part Time Appointments

Posts Filled on the Establishment

Vacant Funded Posts on Establishment

Unfunded Posts on Establishment

Commissioners

17 15 2 0 0

Investigation and Conflict Resolution

9 0 3 0 6

Research and Policy Development

9 0 4 1 4

Public Education and Advocacy

5 0 2 1 2

Community Engagement

5 0 2 1 2

Administration 43 0 18 2 23

Provincial Offices

45 0 0 0 45

Total 133 15 31 5 82

Constitutional Institution

2006/2007M

2007/2008M

2008/2009M

2009/2010M

2010/2011M

2011/2012M

2012/2013M

South African Human Rights Commission

49.2 55.3 60.6 70.1 73.5 82.9 88.9

Commission for Gender Equality

37.8 39.7 46.2 49.1 51.9 55.2 57.9

Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities

13.4 15.4 20 20.3 21.4 22.7 23.8

% increment year on yearSAHRCCGECRLC( Overall Increment for the Period)

6.11.92

5.36.54.6

9.52.90.3

3.42.81.1

9.43.31.3

6 (39.7)2.7 (20.1)1.1 (10.4)

The increase in the allocation to the CRL Rights commission is 5.68% between the 2009/10 and 2010/11 financial years. The increase in the “cost of living” in expenditure is expected to be 10%.

It needs to be noted that not only were the estimated budget of the Commission disapproved, but the allocation over the medium term was decreased from R 21 617 000.00 to R 21 401 000.00 for the 2010/11 financial year.

The CRL Rights Commission applied for additional funding during the 2009/10 financial year, which was declined by CoGTA. As a result expenditure to the value of R 1,5 m was rolled over to the 2010/11 financial year.

The postponed payments of R 1.5m includes commitments to suppliers, claims of commissioners and adjustments in respect of senior staff members.

The result is that legislated and mandated activities such as the NCC of 2009/10, meetings of the body of commissioners and activities of programmes in respect of the strategic plan had to be cancelled till further notice.

The effect on the Commission is that funds intended for the implementation of programmes have to be utilised to carry fixed costs of the Commission.

Budget inputs made by the Commission is not debated with the Commission to obtain a optimal understanding of the Mandate of the Commission. As a result, the Commission is not able to maintain the current level of performance, while there are parts of the legislated mandate that cannot be fulfilled.

The consistent underfunding of the Commission has a debilitating effect, for example the present allocation of R 21 401 000.00 will only cover staff costs and overhead expenditure, such as the lease agreement and telephone costs.

The Commission will not be in a position to deliver on the approved strategic plan if the current circumstances prevail.

Lack of access to National Treasury in respect of budget proposals.

Unclear governance reporting lines versa vi the independence of the Commission as a Chapter Nine Institution becomes questionable.

Insufficient funding to recruit the required skills and to fund projects seriously undermines service delivery of the Commission.

Questions?